Parental responsibility: is a rapist father still a father? – Family Law

Posted February 26th, 2019 in care orders, news, notification, parental responsibility, parental rights, rape by tracey

‘Partner Oliver Gravell and trainee solicitor Georgia Wright, of Birketts LLP, examine MPs support for a young woman who was seeking to deny parental rights to a man who raped her, as they are demanding a change to the Children Act 1989. Gravell and Wright look at the legal issues surrounding parental responsibility.’

Full Story

Family Law, 26th February 2019

Source: www.familylaw.co.uk

Analysis: Parental responsibility – Family Law

Posted February 22nd, 2019 in care orders, children, news, parental responsibility by tracey

‘Imogen Powell, of Ashfords LLP, writes that parental responsibility is a concept introduced by the Children Act 1989. The Act defines PR as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to a child and his property”. As the phrase suggests, the concept of parental responsibility serves to highlight the idea that parents have “responsibilities” or “duties” towards their children, as opposed to “rights” over them.’

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Family Law, 22nd February 2019

Source: www.familylaw.co.uk

Family Drug and Alcohol Courts backed by private donors – BBC News

Posted February 14th, 2019 in alcohol abuse, care orders, drug abuse, families, family courts, news by sally

‘A group of private backers has agreed to fund a national unit supporting courts which help parents deal with drug or alcohol addiction so their children are not taken into care.’

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BBC News, 14th February 2019

Source: www.bbc.co.uk

Challenging Interim Threshold – Family Law Week

‘Anna McKenna QC, 1 King’s Bench Walk, Emily Boardman, partner, Boardman, Hawkins & Osborne LLP and Anna Sutcliffe, barrister, 1 King’s Bench Walk consider the circumstances when it may be appropriate to challenge interim threshold findings in an alleged NAI case without waiting for evidence from a single joint expert.’

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Family Law Week, 30th January 2019

Source: www.familylawweek.co.uk

Mother has four-year-old son taken from her after failing drug test taken from strand of hair – The Independent

Posted January 21st, 2019 in adoption, care orders, drug abuse, forensic science, news by tracey

‘A mother has been forced to give up her four-year-old son after failing a hair-strand drug test and losing a controversial court battle over his care.’

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The Independent, 20th January 2019

Source: www.independent.co.uk

Children: Public Law Update (December 2018) – Family Law Week

Posted December 14th, 2018 in care orders, child abuse, disclosure, evidence, family courts, identification, news, police, proof by tracey

‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’

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Family Law Week, 13th December 2018

Source: www.familylawweek.co.uk

Anonymisation Guidance – a curtain of secrecy? – Transparency Project

‘The President of the Family Division, Sir Andrew MacFarlane issued some guidance last week on the anonymisation of published judgments in family court cases.’

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Transparency Project, 10th December 2018

Source: www.transparencyproject.org.uk

Family Court judge raps council for “woeful” care of two young women – Local Government Lawyer

‘A Family Court judge has condemned a council’s care for two young women as “woeful” and said he was “appalled” by failures of social workers and managers.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Speech by Rt. Hon. Sir Andrew McFarlane: Association of Lawyers for Children Conference 2018 – Courts and Tribunals Judiciary

Posted November 26th, 2018 in care orders, children, family courts, guardianship, social services, speeches, time limits by tracey

‘Speech by Rt. Hon. Sir Andrew McFarlane: Association of Lawyers for Children Conference 2018.’

Full speech

Courts and Tribunals Judiciary, 23rd November 2018

Source: www.judiciary.uk

Children: Public Law Update (August 2018) – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’

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Family Law Week, 15th August 2018

Source: www.familylawweek.co.uk

The need for a ‘joined up’ or holistic evaluation of welfare in children proceedings – Family Law

‘In AH v CD and others [2018] EWHC 1643 (Fam), [2018] All ER (D) 162 (Jun) an application by a father who sought his son’s return to Spain, after the child was taken out of the jurisdiction by his mother, raised issues under the 1980 Hague Convention, and also as to the discharge of a care order made by a court which had not been told of the child’s father’s whereabouts. Richard Jones, barrister at 1 Garden Court Chambers, explains the issues.’

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Family Law, 28th August 2018

Source: www.familylaw.co.uk

Leaving the country to evade care proceedings – how does the court in England & Wales get your children back? – Transparency Project

Posted August 15th, 2018 in care orders, child abduction, EC law, news by sally

‘The following opinion of an Advocate General in the European Court of Justice (NB not the European Court of Human Rights at Strasbourg) is an interesting investigation as to how the courts of two different EU Member States work together to deal with the situation where parents have unlawfully removed their children from one country to the other – together with some strong criticism of how those countries failed to abide by important procedural safeguards to protect the rights of both the parents and the children.’

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Transparency Project, 14th August 2018

Source: www.transparencyproject.org.uk

Inadequate police disclosure in care proceedings – Family Law

Posted August 10th, 2018 in care orders, disclosure, news, police by sally

‘Following A Local Government v A and others [2018] EWHC 1819 (Fam), a hearing involving the death of a baby in suspicious circumstances, Gemma Taylor QC at 42 Bedford Row and Samantha Bowcock at 15 Winckley Square Chambers, stress the importance of disclosure of relevant material in care proceedings and examine the steps that police and local authorities should take in order to avoid compromising a case.’

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Family Law, 8th August 2018

Source: www.familylaw.co.uk

Council “had lawful basis” for accommodating children under s.20 CA: Supreme Court – Local Government Lawyer

Posted July 19th, 2018 in appeals, care orders, children, local government, news, Supreme Court by tracey

‘A London borough had a lawful basis for continuing to accommodate children under s.20 of the Children Act 1989, the Supreme Court has unanimously ruled.’

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Local Government Lawyer, 18th July 2018

Source: www.localgovernmentlawyer.co.uk

Home Office ordered to pay £50,000 after child separated from father – The Guardian

Posted July 12th, 2018 in care orders, children, compensation, detention, families, immigration, news by sally

‘The Home Office has agreed to pay £50,000 compensation after a three-year-old girl was left in care while her father was unlawfully placed in immigration detention.’

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The Guardian, 11th July 2018

Source: www.theguardian.com

Court of Appeal sets out approach when considering SGOs in care proceedings – Family Law

Posted July 5th, 2018 in appeals, care orders, guardianship, news by tracey

‘Family analysis: What factors should parties take into consideration in identifying realistic placement options for a child at the start of care proceedings? Sam Momtaz QC and Sharon Segal, of 1GC|Family Law, examine the Court of Appeal decision in P-S (Children) (care orders) [2018] All ER (D) 118 (Jun) that a Family Court judge had been wrong to make full care orders rather than special guardianship orders (SGOs) in respect of two children.’

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Family Law, 4th July 2018

Source: www.familylaw.co.uk

Speech by Lord Justice McFarlane: Care Crisis Review Launch – Courts and Tribunals Judiciary

Posted June 14th, 2018 in care orders, family courts, judges, reports, speeches by tracey

‘Speech by Lord Justice McFarlane: Care Crisis Review Launch.’

Full speech

Courts and Tribunals Judiciary, 13th June 2018

Source: www.judiciary.uk

Legal system of child protection is in crisis, says senior judge – The Guardian

Posted June 13th, 2018 in care orders, child neglect, family courts, news, social services by sally

‘The family justice system is in crisis, fuelled by an “untenable” workload created by a glut of applications to take vulnerable children into care, the senior judge about to become the next head of the family courts has said.’

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The Guardian, 13th June 2018

Source: www.theguardian.com

Bob the Builder – Mail, please fix it! – Transparency Project

Posted June 8th, 2018 in care orders, children, media, news by sally

‘The Daily Mail reported yesterday that a ‘Nurse’s one-year-old son is taken from her care after she let him sit in a Bob The Builder toy car that was ‘inappropriate’ for his age’.’

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Transparency Project, 6th June 2018

Source: www.transparencyproject.org.uk

Mother denied chance to take her case to ‘court of public opinion’ – Law Society’s Gazette

Posted May 31st, 2018 in care orders, families, family courts, injunctions, media, news by sally

‘Family Division president Sir James Munby, who has long argued for allowing the ‘glare of publicity’ in to family courts, says some cases should not be debated under the public gaze, as he denied a mother the chance to take her case to the ‘court of public opinion’.’

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Law Society's Gazette, 31st May 2018

Source: www.lawgazette.co.uk